Placard Pty Ltd Summary

[2018] FWCA 7024

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Placard Pty Ltd

(AG2018/3586)

Placard Pty. Ltd. Enterprise Agreement 2018

Graphic Arts
Commissioner Harper-Greenwell	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the Placard Pty. Ltd. Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Placard Pty. Ltd. Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Placard Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I observe that clause 12.2 and 10.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6A.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 16 November 2018 and, in accordance with s.54, will operate from 23 November 2018. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Placard Pty Ltd recently came before the Fair Work Commission to seek approval of its 2018 Enterprise Agreement. The dispute involved the terms of the proposed agreement, which aimed to regulate the employment conditions of its employees. The Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009. The central legal issues revolved around the fairness and compliance of the agreement with the relevant legislative framework, including whether it contained the mandated minimum entitlements and adhered to the good faith bargaining process.

The Fair Work Commission examined whether the agreement met the statutory requirements for approval, including whether it contained the mandated minimum entitlements and whether the agreement was genuinely negotiated in good faith. The Commission considered submissions from both parties and relevant stakeholders, focusing on whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also assessed whether the agreement was made in accordance with the prescribed legislative process and whether it met the standards of procedural fairness.

After thorough consideration, the Commission found that the agreement was largely compliant with the legislative requirements, although it made some minor amendments to address issues of fairness. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it was genuinely negotiated in good faith. The Commission approved the agreement with minor modifications, ensuring that it met the statutory requirements under the Fair Work Act 2009. This decision ensures that the agreement will now regulate the employment conditions of the employees, subject to the minor amendments made by the Commission.

Placard Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established